PRINTER'S NO. 1408
No. 1023 Session of 2004
INTRODUCED BY M. WHITE, ORIE, D. WHITE AND ROBBINS,
FEBRUARY 11, 2004
REFERRED TO LOCAL GOVERNMENT, FEBRUARY 11, 2004
AN ACT
1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
2 as amended, "An act relating to counties of the first, third,
3 fourth, fifth, sixth, seventh and eighth classes; amending,
4 revising, consolidating and changing the laws relating
5 thereto; relating to imposition of excise taxes by counties,
6 including authorizing imposition of an excise tax on the
7 rental of motor vehicles by counties of the first class; and
8 providing for regional renaissance initiatives," further
9 providing for separate specifications and contracts for
10 certain items.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 2317 of the act of August 9, 1955
14 (P.L.323, No.130), known as The County Code, amended July 10,
15 1990 (P.L.379, No.89), is amended to read:
16 Section 2317. Separate Bids for Plumbing, Heating,
17 Ventilating, Electrical Work, Elevators and Moving Stairs.--(a)
18 In the preparation of specifications for the erection,
19 construction and alteration of any public building, when the
20 entire cost of such work shall exceed ten thousand dollars
21 ($10,000) the architect, engineer or other person preparing such
1 specifications shall prepare only the following separate
2 specifications: (1) plumbing, (2) heating, (3) ventilating, (4)
3 electrical work, (5) elevators and moving stairs, and (6) one
4 complete set of specifications for all the other work to be done
5 in such erection, construction and alteration. The board of
6 commissioners shall receive separate bids upon each of the said
7 branches of work and award the contract for the same to the
8 lowest responsible bidder for each of said branches, including
9 the balance of the work in addition to the plumbing, heating,
10 ventilating and electrical work, and elevators and moving
11 stairs. Where it is desired to install an air conditioning unit,
12 the heating and ventilating so involved may be regarded as one
13 branch of work having only one set of specifications, and bids
14 may be received and a contract awarded thereon, as hereinbefore
15 provided.
16 (b) Notwithstanding the separate specification provisions of
17 subsection (a), the board of commissioners may, in its sole
18 discretion, elect to use an alternative contracting procedure to
19 achieve the construction of a new county correctional facility
20 as follows:
21 (1) If the board of commissioners elects to utilize an
22 alternative contracting procedure, the board shall adopt a
23 resolution that the use of an alternative contracting procedure
24 is the most efficient, economical and timely method to construct
25 a new county correctional facility. Upon adoption of a
26 resolution, the board of commissioners shall request written
27 proposals from proposers for the construction of a new county
28 correctional facility under an alternative contracting method.
29 In its request for proposals, the board shall include such
30 terms, conditions and requirements which it deems necessary to
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1 protect the interests of the county.
2 (2) In reviewing and evaluating the proposals for
3 construction of a new county correctional facility, the board of
4 commissioners shall, in addition to compliance with the terms,
5 conditions and requirements set forth in the request for
6 proposals, consider the following criteria:
7 (i) the cost of the project;
8 (ii) experience of the proposer;
9 (iii) adherence to the act of March 3, 1978 (P.L.6, No.3),
10 known as the "Steel Products Procurement Act";
11 (iv) adherence to prevailing wage laws and other work force
12 standards; and
13 (v) commitment to a project labor agreement entered into by
14 the board of commissioners and a trade council.
15 (3) After due consideration of proposals under the criteria
16 described in clause (2), the board of commissioners may, in its
17 discretion, select a proposal and award a contract to a
18 responsible proposer for the construction of a new county
19 correctional facility under an alternative contracting
20 procedure. The award of a contract for the construction of a new
21 county correctional facility need not be awarded to the lowest
22 bidder.
23 (4) As used in this subsection, the following words and
24 phrases shall have the meanings given to them in this clause:
25 "Alternative contracting procedure." A procedure under which
26 a proposer would be responsible for all aspects or phases
27 necessary to achieve the development of a parcel of property.
28 Such aspect or phases of development may include, but not
29 necessarily be limited to, the planning, design, finance,
30 construction and management of property.
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1 "Proposer." A firm, organization or company or a combination
2 of firms, organizations or companies acting as a partnership,
3 joint venture, consortium or similar joint relationship with
4 sufficient knowledge and experience in the areas of
5 architectural design, construction, financing of real estate
6 development or construction and real estate management.
7 Section 2. This act shall take effect immediately.
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